The provider agency shall:

1. (1) Be the sole provider of designated ombudsman services in the service area identified through a contract with, or a grant from, the area agency on aging or the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;

2. (2) Operate the regional program in compliance with:

   1. (A) Federal and state laws and regulations;
   2. (B) The provisions of this part; and
   3. (C) The contract or grant for ombudsman services with the area agency on aging or the division;

3. (3)

   1. (A) Not have personnel policies or practices that prohibit ombudsmen representatives from performing the duties, or from adhering to the access, confidentiality, and disclosure requirements of the Older Americans Act, 42 U.S.C. § 3001 et seq.
   2. (B) Nothing in this provision shall prohibit the provider agency from requiring that the ombudsman representatives adhere to the personnel policies and procedures of the agency that are otherwise lawful;
4. (4) Be responsible for the personnel management, but not the programmatic oversight, of Arkansas Long-Term Care Ombudsman Program services;

5. (5) Provide a Regional Ombudsman who:

   1. (A) Meets the applicable minimum qualifications, see 20 CAR § 432-310;
   2. (B) Has no duties in the agency outside the scope of the Arkansas Long-Term Care Ombudsman Program; and
   3. (C) Is employed full time;

6. (6) Provide ombudsman staff and/or volunteers in addition to the ombudsman program representative as necessary to:

   1. (A) Fulfill the program requirements in 20 CAR §§ 432-302—432-304;
   2. (B) Maintain or exceed the level of services provided in the service area during the previous fiscal year; and
   3. (C) Meet the applicable minimum qualifications in 20 CAR §§ 432-310—432-312;
7. (7) Ensure that the Arkansas Long-Term Care Ombudsman Program data is provided to the Office of the State Long-Term Care Ombudsman in the required format and in a timely manner;
8. (8) Prohibit inappropriate access to Arkansas State Long-Term Care Ombudsman Program files, records, or other information located with the provider agency;
9. (9) Ensure ombudsman representatives’ attendance at certification training and all statewide Arkansas Long-Term Care Ombudsman Program trainings;
10. (10) Provide professional development opportunities for ombudsman representatives;
11. (11) Provide equipment and administrative support as needed for the operation of the regional ombudsman program such as custodial, fiscal management, clerical, technology support, and telephone coverage;
12. (12) Include the Regional Ombudsman in the development of a budget for regional program operations, and provide the Regional Ombudsman with information about and opportunity to make requests regarding the use of funds designated for Arkansas Long-Term Care Ombudsman Program use;
13. (13) Request a waiver from the office if, due to demonstrable and unusual circumstances, it anticipates it will be unable to comply with any of these responsibilities;
14. (14) Arrange, in consultation with the office and the area agency on aging, if applicable, for temporary provision of regional program services when ombudsman representative staff are unavailable, or the Regional Ombudsman position is vacant;
15. (15) Retain personnel records for paid and volunteer ombudsman program representatives for a minimum of five (5) years; and

16. (16) Perform each of its responsibilities in administering the Arkansas Long-Term Care Ombudsman Program in accordance with all applicable federal and state:

    1. (A) Laws;
    2. (B) Regulations; and
    3. (C) Policies.